NAC 645D.010Definitions. (NRS 645D.120)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 645D.020 to 645D.060,
inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R177-01, 5-20-2002)

NAC 645D.040“Certified inspector” defined. (NRS 645D.120)“Certified
inspector” means an inspector to whom a certificate has been issued pursuant to
chapter 645D of NRS, including, but
not limited to:

1. A certified residential inspector;

2. A certified general inspector; and

3. A certified master inspector.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.045“Distance education course” defined. (NRS 645D.120)“Distance
education course” means a course of instruction in which the student receives
instruction at a location at which the instructor is not physically present.
Such a course may include, without limitation, instruction provided via CD-ROM,
the Internet or videoconference.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002)

NAC 645D.050“Division” defined. (NRS 645D.120)“Division”
means the Real Estate Division of the Department of Business and Industry.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.055“Inspection report” defined. (NRS 645D.120)“Inspection
report” has the meaning ascribed to it in NRS 645D.070.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002)

NAC 645D.060“Readily accessible” defined. (NRS 645D.120)“Readily
accessible” means that the item being inspected is accessible without the
certified inspector having to:

1. Move furniture or stored items;

2. Damage paint finishes;

3. Fit into an area or opening less than 18
inches by 24 inches; or

4. Use a ladder that extends to more than 12
feet tall to reach the item.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R177-01, 5-20-2002)

NAC 645D.065Hours of instruction and semester hours of credit interpreted. (NRS 645D.120)For the
purposes of this chapter:

1. An hour of instruction must consist of at
least 50 minutes but not more than 60 minutes of actual instruction.

2. One semester hour of credit is equivalent
to 15 hours of instruction. The credit must be earned at a university, state
college or community college within the Nevada System of Higher Education or
any other university or college with the same or an equivalent accreditation or
a professional school or college licensed by the Commission on Postsecondary
Education.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.070Petitions to adopt, file, amend or repeal regulation. (NRS 645D.120)Any
person may, by petition, request the Administrator to adopt, file, amend or
repeal a regulation. The petition must clearly identify, in writing, the change
requested of the regulation and must contain all relevant data, views and
arguments regarding the change.

1. The Administrator may establish an
advisory committee to assist him with any matter that he determines is
appropriate for submission to an advisory committee.

2. The Administrator shall create and
maintain a list of the persons he approves to serve on an advisory committee. A
person approved to serve on an advisory committee must:

(a) Be a certificate holder on active status and in
good standing with the Division;

(b) Have been actively engaged in business as a
certified inspector in this State for at least the 3 years immediately
preceding the date of his approval; and

(c) Have been a resident of this State for not less
than 5 years.

3. If the Administrator determines to
establish an advisory committee, he shall appoint three persons to serve on the
committee from the list of approved persons. At least one member of the
advisory committee must be a certified master inspector. The Administrator
shall appoint one member of the advisory committee to serve as its chairman.

4. A member of an advisory committee serves:

(a) At the pleasure of the Administrator;

(b) Without compensation; and

(c) Is entitled to receive the per diem allowance
and travel expenses provided by law for state officers and employees generally
for the period during which the member was engaged in the discharge of his
duties.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.080Severability. (NRS 645D.120)If any
provision of this chapter or the application thereof to any person, thing or
circumstance is held invalid, such invalidity does not affect the provisions or
application of this chapter that can be given effect without the invalid
provision or application, and to this end, the provisions of this chapter are
declared to be severable.

1. If a person submits a check or draft to
the Division to obtain a certificate, approval, accreditation or other type of
authorization to engage in an activity for which authorization is required
pursuant to this chapter, or chapter
645D of NRS, and the check or draft is returned to the Division because the
person had insufficient money or credit with the drawee to pay the check or
draft or because the person stopped payment on the check or draft:

(a) The certificate, approval, accreditation or
other type of authorization obtained by the person from the Division is
automatically invalidated; or

(b) If the person has not obtained the certificate,
approval, accreditation or other type of authorization from the Division, the
Division may refuse to issue or reinstate the authorization.

2. In accordance with NRS 353C.115 and NAC 353C.400, the Division will charge a
person, for each check or draft returned to the Division because the person had
insufficient money or credit with the drawee to pay the check or draft or
because the person stopped payment on the check or draft, a fee of $25 or such
other amount as may subsequently be required by NRS 353C.115 and NAC 353C.400.

(Added to NAC by Real Estate Div. by R012-04, eff. 4-6-2004)

CERTIFICATION

Types and Scope of Certificates

NAC 645D.100Types of certificates. (NRS 645D.120)An
inspector may obtain from the Division a certificate as a:

(a) A residential structure consisting of not more
than four units; and

(b) A commercial structure that measures not more
than 10,000 square feet.

2. Assist in the preparation and
communication of an inspection of a structure that consists of more than four
residential units under the direct, on-site supervision of a certified general
inspector or a certified master inspector.

1. The Division will charge and collect,
from each person who applies for a certificate, a fee for any investigation of
the person’s background undertaken pursuant to NRS 645D.180.

2. The fee will not exceed the actual cost
to conduct the investigation.

(Added to NAC by Real Estate Div. by R012-04, eff. 4-6-2004)

NAC 645D.170Personal completion required. (NRS 645D.120, 645D.170)Each
application for a certificate as an inspector must be completed personally by
the applicant. Employees of the Division shall not help a person prepare his
application.

1. Except as otherwise provided in subsection
3, an applicant for a certificate as a certified residential inspector:

(a) Must furnish proof satisfactory to the Division
that he has successfully completed:

(1) Not less than 40 hours of classroom
instruction in subjects related to structural inspections in courses approved
by the Division.

(2) An examination approved by the Division.

(3) The observation of at least 25 inspections
performed by:

(I) A certified general inspector or a
certified master inspector for a fee; or

(II) An instructor approved by the
Administrator.

(b) Must possess a high school diploma or its
equivalent.

(c) Must demonstrate his ability to produce a
complete and credible inspection report according to the standards and
requirements set forth in NAC 645D.460 to 645D.580, inclusive.

2. An applicant must submit to the Division
a log of the inspections he observed on a form supplied by the Division.

3. An applicant who has held a certificate
as a residential inspector, or the equivalent, issued by another state may
submit 25 inspection reports that he completed during the 2 years immediately
preceding his application. If the Division determines that the inspection
reports are

complete and credible according to the standards and
requirements set forth in NAC 645D.460 to 645D.580, inclusive, the Division may accept the
reports in lieu of the 25 observations of inspections required by subsection 1.

NAC 645D.220Requirements for certificate as certified general inspector. (NRS 645D.120)

1. An applicant for a certificate as a
certified general inspector:

(a) Must furnish proof satisfactory to the Division
that he has successfully completed:

(1) Not less than 50 hours of classroom
instruction in subjects related to structural inspections in courses approved
by the Division.

(2) An examination approved by the Division.

(3) As a certified residential inspector, at
least 200 inspections for a fee, of which not less than 25 must be inspections
of commercial structures or structures consisting of more than four residential
units.

(4) At least three inspections of commercial
structures under the supervision of a certified master inspector. The
inspections must be evaluated by the supervising certified master inspector and
recorded on a form provided by the Division.

(b) Must possess a high school diploma or its
equivalent.

(c) Must demonstrate his ability to produce a
complete and credible inspection report according to the standards and
requirements set forth in NAC 645D.460 to 645D.580, inclusive.

2. An applicant must submit to the Division
a log of the inspections he performed for a fee on a form supplied by the
Division.

(a) Must furnish proof satisfactory to the Division
that he has successfully completed:

(1) Not less than 60 hours of classroom
instruction in subjects related to structural inspections in courses approved
by the Division;

(2) An examination approved by the Division;
and

(3) As a certified residential inspector or
certified general inspector, at least 400 inspections for a fee. Not less than
50 of the inspections must be of commercial structures or structures consisting
of more than four residential units that were occupied before or during the
inspection.

(b) Must possess a high school diploma or its
equivalent.

(c) Must submit to the Division at least two
inspection reports which demonstrate his ability to produce a complete and
credible inspection report according to the standards and requirements set
forth in NAC 645D.460 to 645D.580,
inclusive. Each inspection report must document the applicant’s inspection of a
commercial structure that uses at least five of the following:

(1) Structural steel framing.

(2) Concrete tilt-up panels.

(3) Roofing that uses a single-ply membrane.

(4) A system of commercial storefront windows
and doors.

(5) A system of fire suppression that uses:

(I) Water dispersed by sprinklers; or

(II) A gas, including, without
limitation, an inert gas, Halon, as defined in 40 C.F.R. § 82.260, or other
gaseous compound.

(6) A boiler.

(7) A system of climate control that uses:

(I) A chiller; or

(II) An air-conditioning unit that has a
cooling capacity of more than 5 tons.

(8) A system of refrigeration other than a
system of conventional heating, ventilating and air-conditioning.

(9) A three-phase electrical system.

(10) An elevator or escalator.

2. An applicant must submit to the Division
a log of the inspections he performed for a fee on a form supplied by the
Division.

1. A university, state college or community
college within the Nevada System of Higher Education or any other university or
college with the same or an equivalent accreditation.

2. Any professional school or college
licensed by the Commission on Postsecondary Education.

3. A nationally recognized organization of
inspectors.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.234Approval of school required; application for approval. (NRS 645D.120)Before
any school offers or conducts a course of instruction in preparation for an
original certificate, the school must be approved by the Division. The
application for approval must be made on a form prescribed by the Division. The
application must include the following information for determining the
eligibility of the school for approval:

1. The name and address of the school;

2. The type of school and a description of
its facilities;

3. The names of the owners of the school,
including, if applicable, the name of the business organization that owns the
school and the names and addresses of all directors, principals, officers and
other persons having interests as owners;

4. A list of the instructors and evidence of
their qualifications;

5. A list of the courses to be offered and a
topical syllabus for each course;

6. The allotment of time for each subject
taught;

7. A proposed schedule of courses for 1
year;

8. The titles, authors and publishers of all
required textbooks;

9. A copy of an examination and the correct
answer for each question;

10. A statement of the:

(a) Purpose of the school;

(b) Fees to be charged;

(c) Days, times and locations of classes;

(d) Number of quizzes and examinations;

(e) Grading systems, including the methods of
testing and standards of grading;

(f) Requirements for attendance; and

(g) Location of the students’ records;

11. Confirmation that the school administers
a final examination for each class that is conducted in the presence of a
proctor; and

12. Any other information that the Division
finds necessary to determine the suitability of the school to offer and conduct
a course of instruction in preparation for an original certificate.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

1. Within 15 days after the occurrence of
any material change in an approved school which would affect its approval by
the Division, the school shall give the Division written notice of that change.

2. To qualify for annual renewal of approval
by the Division, an approved school must submit to the Division before July 1:

(a) A written certification, in a form prescribed
by the Division, declaring that the school meets all applicable requirements of
this chapter; and

(b) A sworn statement, in a form prescribed by the
Division, declaring that the information contained in the original application
is current or, if it is not current, a list of all material changes.

3. The Division may deny renewal of approval
to any school that does not meet the standards required by this chapter.

4. Within 60 days after a decision is made
to deny renewal of approval, the Division will send written notice of the
decision and the basis for that decision by certified mail to the last known
address of the school.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)—(Substituted in revision for NAC 645D.249)

1. An approved school shall require each
student in an approved course to attend the required number of hours of
instruction and pass a final examination in the approved course with a score of
not less than 75 percent to attain certification.

2. The school may certify only the number of
hours for which the course has been approved by the Division.

3. The completion of a portion of an
approved course is not acceptable to satisfy certification requirements.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.241Approved schools: Hearing on denial or withdrawal of approval of
course or school. (NRS 645D.120)

1. A school may file with the Division a
written request for a hearing before a hearing officer if the:

(a) School’s application for approval of a course
is denied; or

(b) Administrator determines that an approved
school or course no longer complies with the standards prescribed in this
chapter and the approval of the school or course is withdrawn.

2. Except as otherwise provided in NAC 645D.2446, the request must be filed within 20
calendar days after receiving the order of denial or withdrawal of approval.
Except as otherwise provided in NAC 645D.2446,
the hearing officer shall hold the hearing within 90 calendar days after the
request for a hearing is filed unless the school makes a written request for a
continuance and the hearing officer grants that request. The hearing officer
shall decide the matter within 90 calendar days after the hearing. Except as
otherwise provided in this subsection, the hearing officer shall conduct the
hearing in the same manner as a hearing conducted pursuant to NAC 645D.700.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.242Approved schools: Misrepresentation in advertising. (NRS 645D.120)An
approved school shall not make any misrepresentation in its advertising about
any course of instruction that it offers in preparation for an original
certificate.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

1. An approved school shall employ as an
instructor of an approved course only a person who possesses:

(a) A good reputation for honesty, integrity and
trustworthiness;

(b) The ability to exercise control over the
students in the classroom; and

(c) At least one of the following qualifications,
unless granted a special exemption by the Division:

(1) A bachelor’s degree in the field in which
the person is instructing.

(2) Current experience teaching subjects
relating to the inspection of structures in the Nevada System of Higher
Education or another institution which awards degrees.

(3) Five years of full-time experience, other
than in a secretarial position, working in a job directly related to the
subject taught.

(4) Three years of experience teaching the
specific subject.

2. An instructor must demonstrate to the
satisfaction of the Division the academic training or work experience that
qualifies him to teach an approved course.

3. An approved school shall not employ,
without the written approval of the Division, an instructor who has been
subject to discipline by the Division or any licensing authority:

(a) Within the 5 years immediately preceding the
employment; or

(b) More than twice.

4. An approved school shall limit guest
lecturers who are not approved as instructors by the Division to a total of 10
percent of the instructional hours of an approved course. A guest lecturer must
be an expert in the subject that he teaches.

5. An approved instructor must be present in
the classroom at all times during the hours of instruction of an approved
course.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

1. The Division may revoke its approval of a
particular instructor who is employed by an approved school if:

(a) Any licensing authority has taken disciplinary
action against the instructor;

(b) The instructor fails to exercise control over
the students in the classroom or maintain complete records of their attendance;
or

(c) After an audit of the course and review of the
evaluations of the course, the Division concludes that the instructor is not
qualified to instruct the course.

2. The Division will give the instructor and
school written notice that it has revoked the approval of the instructor. The
written notice must specify the reason for the revocation.

3. An instructor may appeal the decision of
the Division to revoke his approval by making a written demand to the Division
for a hearing within 20 days after the instructor receives the written notice
pursuant to subsection 2.

4. Within 90 days after receipt of a written
demand for such a hearing, a hearing officer shall conduct the hearing.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

1. An approved school shall not offer or
conduct a course of instruction in preparation for an original certificate
unless the course is approved by the Division. An application for approval must
be submitted on a form provided by the Division.

2. The approval of the Division for a course
of instruction offered in preparation for an original certificate expires each
year on June 30.

3. An approved school must apply annually
for reapproval of an approved course. The application must be submitted on a
form provided by the Division and describe any changes in the approved course
since its last approval. The form must be received by the Division not later
than June 1.

4. An approved school shall notify the
Division within 15 days after making any material change in an approved course.

5. The approval of any course of instruction
offered in preparation for an original certificate is subject to the condition
that the Division may audit and evaluate the presentation of an approved
course. An approved school shall admit an auditor provided by the Division.

6. Each of the following acts and conditions
is a ground for the Division to withdraw its approval of a course:

(a) Poor quality of the curriculum or instruction,
as demonstrated by an evaluation or audit.

(b) Violation of any of the provisions of this
chapter.

(c) Failure of an instructor to exercise control
over the students in the classroom or to maintain complete records of their
attendance.

1. The Division will monitor and evaluate an
approved course. The courses will be evaluated with the assistance of the
Nevada System of Higher Education.

2. The Division will not approve a course
designed to develop or improve clerical, office or business skills that are not
related to the inspection process, including, but not limited to, typing,
shorthand, the operation of business machines, the use of computers,
improvement of memory, writing letters or business courses in advertising,
marketing or psychology, as a course of instruction in preparation for an
original certificate.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R144-06, 9-18-2007)—(Substituted in revision for NAC 645D.240)

1. If the Administrator determines, whether
pursuant to an audit or otherwise, that an approved course does not meet the
standards for such a course set forth in this chapter, the Administrator shall
notify the approved school of his intent to withdraw approval of the course.
The notice must include the specific reasons upon which the Administrator is
basing his decision to withdraw approval of the course. Not later than 30 days
after the date on which the approved school receives the notice, the school may
provide a written response to the Administrator that clearly sets forth the
reasons why approval of the course should not be withdrawn and specifies any
corrective measures that the school will undertake. After the 30-day period has
elapsed, the Administrator shall review the notice and any response submitted
by the school and:

(a) Withdraw approval of the course;

(b) Allow the course to remain approved if certain
specific conditions are met; or

(c) Allow the continued approval of the course.

Ê If the
Administrator decides to withdraw approval of the course, the withdrawal of
approval of the course becomes effective upon the mailing of the
Administrator’s decision to withdraw approval to the approved school by
certified mail, return receipt requested, to the school’s last known business
address.

2. If the Administrator withdraws approval
of a course, the Division will give credit to a student for completing the
course if the student began the course before the approved school received
written notice of the withdrawal of approval of the course.

3. The approved school may contest the
decision of the Administrator to withdraw approval of a course by making a
written demand to the Division for a hearing not later than 30 days after the
date on which the withdrawal of the approval of the course becomes effective.

4. The Division will, within 90 days after
receiving the demand for a hearing, set a date for the hearing and notify the
approved school of the date.

(b) State and federal laws and regulations relating
to inspections or inspection practices.

2. The Division may approve a course that
includes, without limitation, instruction in one or more of the following:

(a) The administration of laws and regulations
relating to the inspection of structures, including, without limitation,
certification, enforcement and contracts;

(b) The evaluation of a structure and its
components, including, without limitation, the evaluation of the items set
forth in NAC 645D.480 to 645D.580,
inclusive;

(c) The nature of inspections;

(d) The purpose and use of inspections;

(e) Methods of inspection; and

(f) Construction.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.245Approved courses: Instruction required for certification as
certified residential inspector. (NRS 645D.120)An
approved course, to comply with the requirements of NAC
645D.210 for an applicant for certification as a certified residential
inspector, must consist of at least 40 hours of instruction in a classroom,
including instruction relating to the inspection of structures pursuant to the
requirements of NAC 645D.480 to 645D.580, inclusive.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.246Approved courses: Instruction required for certification as
certified general inspector. (NRS 645D.120)An
approved course, to comply with the requirements of NAC
645D.220 for an applicant for certification as a certified general
inspector, must consist of at least 50 hours of instruction in a classroom,
including instruction relating to the inspection of structures pursuant to the
requirements of NAC 645D.480 to 645D.580, inclusive.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.247Approved courses: Instruction required for certification as
certified master inspector. (NRS 645D.120)An
approved course, to comply with the requirements of NAC
645D.230 for an applicant for certification as a certified master
inspector, must consist of at least 60 hours of instruction in a classroom,
including instruction relating to the inspection of structures pursuant to the
requirements of NAC 645D.480 to 645D.580, inclusive.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.2472Approved courses: Contents of form for registration and
advertising. (NRS
645D.120)

1. The form for registration for an approved
course must set forth, in writing, the policy of the approved school concerning
cancellation and refunds.

2. Any advertising or promotional brochure
for an approved course must specify that the course is approved by the
Division.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.2474Approved courses: Information required on materials used in
course. (NRS
645D.120)An
approved school shall state on all materials, other than copyrighted materials,
used in an approved course:

1. That the course is approved by the
Division; and

2. The number of hours of credit toward
satisfying the educational requirement for an original certificate for which
the Division has approved the course.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.2476Approved courses: Maximum hours of credit per day. (NRS 645D.120)The
Division will not allow credit for more than 8 hours of instruction per day of
any approved course.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.2478Approved courses: Certificate of completion. (NRS 645D.120)An
approved school shall provide a certificate of completion to a student who
completes an approved course. The Division will accept the certificate as proof
of the student’s completion of the approved course. The certificate of
completion must include, without limitation:

1. The name of the approved school;

2. The title, description and number of the
approved course;

3. The name of the student;

4. The number of hours of instruction
attended by the student;

5. The date of completion of the approved
course;

6. An original signature of a person
authorized to sign for the approved school; and

7. The statement: “This course is approved
by the Nevada Real Estate Division.”

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.248Restrictions on obtaining and using information regarding
examination for certificate. (NRS 645D.120)

1. An owner, instructor or affiliate of an
approved school or other person associated with the school shall not take an
examination for a certificate conducted by the Division or its agent unless he
first submits to the Division:

(a) A written statement that his purpose in taking
the examination is to fulfill one of the requirements for obtaining a
certificate; and

(b) A written agreement to apply for a certificate
upon passing the examination.

2. Such a school or any person associated
with its operation shall not:

(a) Solicit information from any person to discover
past questions asked on any such examination; or

(b) Distribute to any person a copy of the
questions or otherwise communicate to him the questions without the prior
written approval of the owner of the copyright to the questions.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

1. An applicant for a certificate who takes
an examination required by NAC 645D.250 must
complete the examination within the time limit, and under the testing
conditions, established by the Division or the agent designated by the
Division.

2. An applicant with a disability may
request special accommodations in the matter of a time limit or the testing
conditions for any examination. Such a request must be:

(a) In writing;

(b) Received a reasonable time before the scheduled
examination; and

(c) Supported by adequate evidence.

3. The Division, or the agent designated by
the Division, will grant a request for special accommodations if the
accommodations requested:

(a) Are reasonable;

(b) Are feasible; and

(c) Do not impair the integrity of the examination
process.

4. As used in this section, “disability” has
the meaning ascribed to it in section 3 of the Americans with Disabilities Act
of 1990, Public Law 101-336, 104 Stat. 329.

1. The Division will grant a certificate to
each applicant who complies with all provisions of this chapter and chapter 645D of NRS governing
certification as a residential inspector, general inspector or master
inspector.

2. Upon receiving the certificate, the
certified inspector may conduct the business of a certified residential
inspector, certified general inspector or certified master inspector, as
applicable, in this state.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.310Authority of certificate limited to person to whom issued or
place of business specified. (NRS 645D.120)A
certificate issued pursuant to this chapter must not give authority to do or
perform any act specified in this chapter to any person other than the person
to whom the certificate is issued, or from any place of business other than
that specified therein.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.320Form of certificate. (NRS 645D.120, 645D.230)The
Division will issue a certificate to each eligible person in such form and size
as is prescribed by the Division. Each certificate will, in addition to the
information required pursuant to NRS
645D.230:

1. Set forth the type of certificate; and

2. Have imprinted thereon the seal of the
Division.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R144-06, 9-18-2007)

NAC 645D.330Display of certificate. (NRS 645D.120)Each
certified inspector shall display his certificate conspicuously in his place of
business.

1. The certificate of a certified inspector
who fails to maintain, or whose employer fails to maintain, a policy of
insurance required by NRS 645D.190
expires by operation of law on the 60th day after the certified inspector
ceases to be covered by the policy.

2. The proof of insurance submitted by an
applicant for an original certificate or applicant for renewal of a certificate
pursuant to NRS 645D.190 must
include the name of the applicant as it appears, or will appear, on his
certificate.

(Added to NAC by Real Estate Div. by R144-06, eff. 9-18-2007)

NAC 645D.340Compliance with local zoning requirements for location of certain
offices. (NRS
645D.120)If
a certified inspector chooses to establish an office in a private home or in
conjunction with another business, his business location must comply with local
zoning requirements.

1. Each certified general inspector or
certified master inspector who is training and evaluating a certified
residential inspector or a certified general inspector shall file with the
Division a form provided by the Division that sets forth the amount of
experience gained by the certified residential inspector or certified general
inspector while that certified inspector is being trained and evaluated. A copy
of the form must be given to the certified inspector being trained and
evaluated, and a copy of the form must be maintained for 3 years by the
certified general inspector or certified master inspector who conducted the
training and evaluation.

2. The completed form must set forth:

(a) The type of structure being inspected; and

(b) Whether the certified inspector being trained
and evaluated complied with the requirements of NAC 645D.460
to 645D.580, inclusive, in making the inspection
of the structure.

3. This section does not authorize a
certified general inspector to provide training for or the evaluation of another
certified general inspector.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R177-01, 5-20-2002)

NAC 645D.360Change of employer, name or status; temporary working permit. (NRS 645D.120)

1. A holder of a certificate may request a
change of employer, name or status by completing and submitting the appropriate
form supplied by the Division and paying the required fees.

2. If a holder of a certificate requests such
a change and pays the required fee, the receipt issued by the Division
constitutes a temporary working permit pending receipt of the requested
certificate.

1. A holder of a certificate may be placed
on inactive status by applying to the Division on the appropriate form. The
holder of a certificate is not entitled to a refund of any part of the fees
paid for the unexpired term of his certificate.

2. A holder of a certificate who is on
inactive status must apply for the renewal of his certificate on or before each
anniversary of his certificate.

NAC 645D.400Delivery of certificate to Division. (NRS 645D.120)If the
certificate of a certified inspector is cancelled, suspended or revoked, he
shall deliver his certificate to the Division. No refund will be given when a
certificate is cancelled, suspended or revoked.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.410Filing of affidavit for lost, destroyed or stolen certificate
that must be surrendered. (NRS 645D.120)If a
certificate must be surrendered and it is not, the holder of the certificate
shall file an affidavit with the Division showing that the certificate has been
lost, destroyed or stolen. The affidavit must contain the holder’s promise to
surrender the certificate if it is recovered.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.420Cancellation of certificate for failure to report change of
address. (NRS
645D.120)If
the Division determines that a certified inspector has discontinued business at
the address at which he holds a certificate and this fact has not been reported
to the Division, his certificate may be cancelled by the Division.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

CONTINUING EDUCATION

NAC 645D.435“Continuing education” defined. (NRS 645D.120)As used
in NAC 645D.435 to 645D.442,
inclusive, unless the context otherwise requires, “continuing education” means
the education required pursuant to NAC 645D.390
for the renewal or reinstatement of a certificate.

3. If the sponsor agrees to comply with all
other requirements of approval, the Division will accept without specific
approval any course in inspection practices or directly related subjects if the
course has been previously approved by the Division.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

NAC 645D.436Unacceptable courses and activities. (NRS 645D.120)The
following kinds of courses and activities do not meet the standards for
continuing education:

1. A course designed to develop or improve
clerical, office or business skills not related to the inspection process, such
as typing, shorthand, the operation of business machines, the use of computers,
speed reading, improvement of memory and writing letters.

2. A program of office training or other
activity that is held as part of the general business of the holder of a
certificate.

1. An application for approval of a distance
education course or a classroom course for continuing education must be
submitted to the Division on a form provided by the Division.

2. The Division will not give retroactive
approval for such a course.

3. In determining whether to approve a
course pursuant to this section, the Division will consider:

(a) Whether the course consists of at least 2 hours
of instruction.

(b) Whether the sponsor of the course is willing to
certify to the attendance of holders of certificates at the course.

(c) Whether the sponsor is willing to maintain for
3 years a record of attendance that contains:

(1) The name of each holder of a certificate
in attendance and the number of his certificate.

(2) The title and description of the course.

(3) The hours of instruction attended by the
holder of a certificate and the dates of his attendance.

(4) A statement or indication whether the
holder of a certificate passed or failed the course, if applicable.

(d) Whether the sponsor of the course is willing to
ensure that an approved instructor will preside throughout the course.

(e) In the case of distance education courses:

(1) Whether the holder of a certificate will
be required to complete:

(I) A written examination proctored by a
person approved by the Division; or

(II) If the course does not include such
an examination, the course mechanisms required by the Division for
accreditation of the course; and

(2) Whether the course is presented by an
accredited college or university or has received approval for college credit
from the American Council on Education’s College Credit Recommendation Service.

(f) In the case of presentations by videotape,
whether the sponsor will provide an approved instructor at the site of the
presentation to supplement and control instruction in the course.

(g) Whether the course provides not more than 8
hours of instruction per day.

(h) Any other criteria that the Division deems
appropriate.

4. For all approved courses, the sponsor
shall provide a certified copy of the record of completing the course to the
holder of a certificate upon his completion of the course. The Division will
accept the certificate as proof of the holder’s attendance for the purpose of
renewing or reinstating his certificate. If the course is taken at a university
or community college, the proof of attendance must include a certified
transcript. The certificate of a sponsor must contain the:

(a) Name of the sponsor;

(b) Name of the holder of a certificate and his
certificate number;

(c) Number of hours of instruction;

(d) Dates of instruction;

(e) Title of the course or seminar;

(f) Sponsor’s number assigned by the Division; and

(g) Original signature of a person authorized to
sign for the sponsor.

5. The Division may grant approval for
courses of continuing education offered by a nationally recognized organization
of inspectors without considering a specific application.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002;
A by R144-06, 9-18-2007)

1. Except as otherwise provided in NAC 645D.4365 regarding distance education courses,
an inspector may apply to the Division for the approval of a course of
continuing education that is provided out of State if the inspector has:

(a) Attended or will attend the course outside Nevada;

(b) Taken or will take the course within the period
prescribed by subsection 3 of NAC 645D.441; and

(c) Submitted an application on a form supplied by
the Division.

2. Under appropriate circumstances, the
Division may give retroactive approval for a course attended out of State.

3. Except as otherwise provided in
subsection 5, approval of a course pursuant to this section applies only to the
specific:

(a) Course described in the application;

(b) Date on which the course was given; and

(c) Inspector who submitted the application.

4. In determining whether to approve a
course attended out of State, the Division will consider:

(a) Whether the course consists of at least 2 hours
of instruction.

(b) Whether the course meets the standards set
forth in NAC 645D.4355 and is acceptable under
the provisions of NAC 645D.436.

(c) Any available information regarding the
qualifications of the instructor of the course.

(d) The sufficiency of the proof of attendance of
the course by the applicant. To obtain credit for attendance of the course, the
applicant must attend the required number of hours of instruction and take and
pass any examination administered in the course.

(e) Any other criteria that the Division deems
appropriate.

5. If the Division approves a specific
course based on an initial application by an inspector pursuant to subsections
1 to 4, inclusive, it will approve an application submitted subsequently by
another inspector who attended the same course if that inspector submits proof
of his attendance of the same course.

6. If the Division approves a course
pursuant to this section, the sponsor of the course:

1. The Division’s approval of a course for
continuing education is effective for 1 year after the original approval or a
reapproval.

2. A sponsor must apply for reapproval on a
form provided by the Division and describe on that form any changes in the
course.

3. The approval or reapproval of any course
of continuing education by the Division is subject to a condition that the
Division may audit the course the first time the course is offered. If the
Division does not audit a course during the first offering of the course in Nevada, the Division will deem the course approved.

4. Each of the following acts and conditions
is a ground for the Division to withdraw its approval of a course:

(a) Poor quality of the curriculum or instruction,
as shown by evaluations.

(b) Violation of any of the provisions of this
chapter governing continuing education.

5. In determining whether to withdraw its
approval of a course deemed to be approved pursuant to subsection 3, the
Division will follow the procedure set forth in NAC
645D.700.

1. If the Division audits the first offering
of a course provided in Nevada and determines that the course does not meet the
standards for courses of continuing education set forth in this chapter, the
Division will revoke the conditional approval of the course. Within 30 days
after the conduct of the audit, the Administrator shall give the school written
notice that approval of the course has been revoked and shall provide specific
reasons for the revocation. The revocation of a course is effective upon
receipt of the written notice by the school.

2. The Division will give credit for
continuing education to a student who attended the course before the school
received written notice of the revocation of the course.

3. The school may appeal the decision of the
Division to revoke approval of a course pursuant to this section by making a
written demand to the Division for a hearing within 20 calendar days after the
school receives the written notice pursuant to subsection 1.

4. Within 90 days after receipt of a written
demand for a hearing, the Division will hold a hearing.

(a) Not present a course for the main purpose of
selling products and shall limit the announcement of products during the course
to not more than 1 minute for each hour of credit;

(b) Not allow a holder of a certificate to pass the
course by taking the examination without having the required attendance;

(c) Admit authorized personnel of the Division to
audit and evaluate the presentation of the course; and

(d) Notify the Division within 15 calendar days
after making any material change in the course.

2. Each sponsor shall provide evaluations
for a course for continuing education and shall maintain a tabulation of the
results of the evaluations for 2 years. The Division may request a review of
those evaluations.

3. The sponsor shall determine whether a
final examination is required for the completion of the course.

4. If a course offered by a professional
organization has been approved for continuing education, the organization shall
not restrict attendance of the course to members of that organization.

(b) At least one of the following qualifications,
unless granted a special exemption by the Division:

(1) A bachelor’s degree in the field in which
the person is instructing.

(2) Current experience teaching subjects
relating to the inspection of structures in the Nevada System of Higher
Education or another institution that awards degrees. The person must
demonstrate to the satisfaction of the Division the academic training or work
experience that qualifies him to teach the course of continuing education.

(3) Five years of full-time experience, other
than in a secretarial position, working in a job directly related to the
subject taught.

(4) Three years of experience teaching the
specific subject.

2. An instructor who has been subject to
discipline by any licensing authority:

(a) Within the last 5 years; or

(b) More than twice,

Ê shall not
instruct a course of continuing education without the approval of the Division.

3. A sponsor of a course of continuing
education shall limit guest lecturers who are not approved by the Division to a
total of 10 percent of the instructional hours per approved course. A guest
lecturer must be an expert in the subject that he teaches.

1. The Division may revoke the approval of
an instructor of a course of continuing education if:

(a) Any licensing authority has taken disciplinary
action against the instructor; or

(b) After an audit of the course and review of the
evaluations of the course, the Division concludes that the instructor is not
qualified to instruct the course.

2. The Division will give the instructor and
sponsor written notice that it has revoked the approval of the instructor. The
written notice must specify the reason for the revocation.

3. An instructor may appeal the decision of
the Division to revoke his approval by making a written demand to the Division
for a hearing within 20 calendar days after the instructor receives the written
notice pursuant to subsection 2.

4. Within 90 days after receipt of a written
demand for such a hearing, a hearing officer shall conduct the hearing in the
same manner as a hearing conducted pursuant to NAC
645D.700.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002)

NAC 645D.440Information required on materials used in course. (NRS 645D.120)Except
as otherwise provided in subsection 6 of NAC 645D.437,
if a course has been approved and is being offered for continuing education,
the sponsor must state on all the materials used in the course:

1. That the course is approved for
continuing education in Nevada by the Division;

2. The number of hours of credit for
continuing education for which the course is approved; and

1. A holder of a certificate may receive
credit for continuing education if he teaches an approved course. Credit will
be given only once for teaching the same course. The holder of a certificate
must submit proof that he taught the course during the applicable period of
certification. The instructor may receive 1 hour of credit per each hour of
instruction.

2. A course may not be taken for credit more
than once in the same period of certification.

3. Courses taken to satisfy requirements for
the renewal or reinstatement of a certificate must be completed within the 2
years immediately before the latest date for renewing or reinstating the
certificate.

4. A holder of a certificate may receive
credit for continuing education only upon certification by the sponsor that the
holder of a certificate has attended and completed at least 90 percent of the
course.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002)

NAC 645D.4415Allowable hours of credit. (NRS 645D.120)The
Division will allow not more than:

1. Seven hours of credit per day of
instruction for courses of continuing education given without a final
examination; and

2. Eight hours of credit per day of
instruction for courses of continuing education requiring a final examination.

(Added to NAC by Real Estate Div. by R177-01, eff. 5-20-2002)

NAC 645D.442Credit for attending certain educational meetings or trade shows.
(NRS
645D.120)The
Division will grant credit for continuing education to a holder of a
certificate for attending an educational meeting or trade show presented by a
regionally or nationally recognized organization of inspectors if:

1. The educational portion of the meeting or
trade show lasted at least 1 hour; and

2. The organization:

(a) Certifies to the attendance of the holder of a
certificate; and

(b) Agrees to maintain a record of that attendance
for not less than 3 years.

1. Except as otherwise provided in this
section, a certified inspector shall conduct each inspection and prepare a
complete inspection report of each inspection in accordance with NAC 645D.460 to 645D.580,
inclusive.

2. A certified inspector may exceed the
requirements set forth in NAC 645D.460 to 645D.580, inclusive, when conducting an inspection.

3. A certified inspector may conduct a
partial inspection or reinspection that does not satisfy all the requirements
of NAC 645D.480 to 645D.580,
inclusive, if:

(a) The partial inspection or reinspection
satisfies all the relevant requirements of NAC
645D.460 to 645D.580, inclusive; and

(b) The inspection report:

(1) States that a partial inspection or
reinspection has been performed;

(2) Describes the purpose of the partial
inspection or reinspection; and

(3) Clearly identifies the matters included in
the partial inspection or reinspection.

4. The provisions of NAC
645D.480 to 645D.580, inclusive, do not
require a certified inspector to move or disturb any item, including, without
limitation, insulation, personal items, panels, furniture, equipment, plants,
soil, snow, ice or other debris, that obstructs his access to or visibility of
any item listed in NAC 645D.480 to 645D.580, inclusive.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R177-01, 5-20-2002)

1. Perform his duties with the highest
standard of integrity, professionalism and fidelity to the public and the
client, with fairness and impartiality to all.

2. Avoid association with any person or
enterprise of questionable character or any endeavor that creates an apparent
conflict of interest.

3. Conduct his business in a manner that
will assure his client of the inspector’s independence from outside influence
and interest which would compromise his ability to render a fair and impartial
inspection.

4. Not disclose any information concerning
the results of an inspection without the approval of the client or his
representative for whom the inspection was performed.

5. Not accept compensation, financial or
otherwise, from more than one interested party for the same service on the same
property without the consent of all interested parties.

6. Not, whether directly or indirectly,
accept a benefit from, or offer a benefit to, a person who is dealing with the
client in connection with work for which the inspector is responsible. As used
in this subsection, “benefit” includes, without limitation, a commission, fee,
allowance, or promise or expectation of a referral for other work.

7. Not express the estimated market value of
an inspected property while conducting an inspection.

8. Not use the term or designation “state
certified inspector” unless he is certified.

9. Before the execution of a contract to
perform an inspection, disclose to the client any interest of the inspector in
a business that may affect an interest of the client.

10. Not allow his interest in any business
to affect the quality or results of an inspection.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R144-06, 9-18-2007)

3. Offer to perform or perform any job
function for which he does not have a license, including, but not limited to,
the services of an engineer, architect, plumber or electrician.

4. Calculate the strength, adequacy or
efficiency of any system or component.

5. Enter any area or perform any procedure
that may damage any part of the structure being inspected or endanger any
person, including, but not limited to, the certified inspector.

6. Operate any system or component that is
shut down or otherwise inoperable.

7. Operate any system or component that does
not respond to normal operating controls.

8. Determine the presence or absence of any
suspected adverse environmental condition or hazardous substance, including,
but not limited to, toxins, molds and other fungi, carcinogens, radon, noise or
contaminants, unless he is licensed or certified to make such inspections and
determinations.

9. Determine the effectiveness of any system
installed to control or remove suspected hazardous substances.

10. Predict the future condition of any
system or component, including, but not limited to, the failure of a component.

1. A certified inspector shall inspect the
built-in kitchen appliances of the structure being inspected, including, but
not limited to, the following kitchen appliances if they are not shut off or
otherwise inoperable:

(a) The dishwasher;

(b) The range, cook top and oven;

(c) The trash compactor;

(d) The garbage disposal;

(e) The ventilation equipment and range hood; and

(f) The microwave oven.

2. An inspection of the built-in kitchen
appliances must include, without limitation, the operation of the dishwasher
through at least one normal cycle.

1. A certified inspector shall inspect the
insulation and ventilation systems of the structure being inspected, including,
but not limited to, the following components of the insulation and ventilation
systems:

(a) The insulation and vapor retarders in
unfinished spaces;

(b) The ventilation of the attics and the area of
the foundation; and

(c) The kitchen, bathroom and laundry venting
systems.

2. An inspection of the insulation and
ventilation systems must include, without limitation:

(a) The operation of any readily accessible attic
ventilation fan;

(b) If the temperature of the structure permits,
the operation of any readily accessible thermostatic control;

(c) A description of the condition of the
insulation in the unfinished spaces; and

(d) A description of any unfinished space at
conditioned surfaces in which the insulation is absent.

1. A certified inspector shall inspect the
exterior components of a structure being inspected, including, but not limited
to:

(a) The exterior wall components;

(b) The exposed molding and trim;

(c) The windows and exterior doors; and

(d) The fireplaces, flues and chimneys.

2. An inspection of exterior components must
include, without limitation:

(a) An identification of the type of structure and
covering of the exterior component, including, but not limited to, whether it
is block, siding, shingle, stucco, wood, asbestos, hardboard or masonry;

(b) An evaluation of the wall covering;

(c) An evaluation of the condition of a
representative number of windows and doors, including, but not limited to, the
associated trim and hardware; and

(d) An inspection and description of the condition
of readily accessible porches, decks, steps, balconies and carports attached to
the structure.

(b) A probe of all structural components in which
deterioration is suspected, unless the probe will damage any finished surface;

(c) Entry under the floor crawl spaces and attic
spaces, except when access is obstructed or not readily accessible, entry could
damage the property, or dangerous or adverse conditions are obvious or
suspected;

(d) A report of all signs of water penetration or
abnormal or harmful condensation on building components; and

(e) A description of any visible structural damage
to the framing members and foundation system.

1. A certified inspector shall inspect the
site of the structure while conducting an inspection of the structure,
including, but not limited to:

(a) The land grade and water drainage;

(b) The retaining walls affecting the structure;

(c) The driveways and walkways; and

(d) The porches and patios.

2. An inspection of the site must include,
without limitation:

(a) An identification and evaluation of the
materials and conditions of the driveways, walkways, grade steps, patios and
other items contiguous with the inspected structure;

(b) An observation of the drainage and grading for
conditions that adversely affect the structure; and

(c) An observation of the above-grade vegetation
which affects the exterior of the structure.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

Miscellaneous Provisions

NAC 645D.600Determination of unprofessional conduct or professional
incompetence. (NRS
645D.120, 645D.700)In
determining whether a certified inspector is guilty of unprofessional conduct
or professional incompetence, the Division will consider, among other things,
whether the inspector has:

1. Failed to perform an inspection and
prepare a complete inspection report of the inspection in accordance with NAC 645D.450 to 645D.580,
inclusive;

2. Done his utmost to protect the public
against fraud, misrepresentation or unethical practices relative to his
profession;

3. Made an inspection and prepared an
inspection report of any property outside of his field of experience or
competence without the assistance of a qualified authority; or

4. Adequately documented any required
disclosures of his interest in any property with which he is dealing.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R177-01, 5-20-2002)

NAC 645D.610Disclosures required in advertisement. (NRS 645D.120)In any
advertisement through which a certified inspector offers to perform services
for which a certificate is required pursuant to this chapter, he shall disclose
the name under which he does business and the type of certificate he holds.

1. A certified inspector shall keep at his
place of business, or other location approved by the Division, a copy of the
inspection report, work file and any other pertinent information relating to
each inspection he conducts for at least 3 years after the completion of the
inspection. Only one set of files need be maintained, but the information must
be available to all participating inspectors.

2. All inspections conducted by a certified
inspector must be filed in an orderly fashion, including, but not limited to,
numerically, chronologically by date or alphabetically, to permit an audit by a
representative of the Division.

3. The inspection report, work file and
other pertinent information relating to an inspection must be open to
inspection and audit by the Division upon its request during its usual business
hours, as well as other hours during which the certified inspector regularly
conducts his business.

4. The certified inspector shall give
written notice to the Division of the exact location of his records and may not
remove them until he has delivered a notice that informs the Division of the
new location.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R144-06, 9-18-2007)

1. The Division may use a form of its design
to conduct any office examination and require the certified inspector or his
office manager to sign such a form.

2. An examination must include, without
limitation:

(a) The address of the office;

(b) The system used in filing records;

(c) Advertising; and

(d) The availability of current statutes and
regulations at the place of business.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.640Cooperation in examination of office and audits. (NRS 645D.120)A certified
inspector shall, upon demand, provide the Division with the documents and the
permission necessary to complete fully an office examination and audit of his
records.

1. The Division will prepare and require a
standard form or affidavit for use in making a citizen’s complaint. This form
may require any information the Division considers pertinent.

2. Except as otherwise provided in
subsection 3, if a citizen’s complaint is made, the Division will investigate
any action that appears to violate a provision of chapter 645D of NRS or this chapter and
need not be limited to the matter in the complaint.

3. If a citizen’s complaint or a formal
complaint is made against a certified inspector, the Division will:

(a) Not investigate the complaint unless the
complaint:

(1) Is in writing, signed and dated;

(2) Contains the mailing address and daytime
telephone number of the person making the complaint; and

(3) Contains the complete address of the
structure that is the subject of the complaint.

(b) Require a certified inspector to maintain all
records relating to the complaint until the issue is resolved.

4. A certified inspector shall disclose all
facts and documents pertinent to an investigation to members of the Division’s
staff conducting the investigation.

5. If the Division determines that
sufficient evidence exists to establish a violation, it will prepare and file a
formal complaint. If insufficient evidence exists, the Division may dismiss the
matter without prejudice at any time.

1. The Division may grant any certified inspector
not more than 10 calendar days to correct any deficiency involving advertising,
the location of his business or office operation. A notice of the deficiency
and a request to correct the deficiency must be mailed to the certified
inspector. Failure to comply with the request may be grounds for the suspension
or revocation of a certificate. The notice must be sent on a form provided by
the Division and set forth the deficiencies or violations, the recommended
action and the date by which the deficiencies must be corrected.

2. The Division may grant an extension for a
definite time to correct the deficiency whenever the correction requires
additional time.

1. Upon the filing of a formal complaint by
the Division, the Administrator shall set the matter for a hearing within 90
days before a hearing officer appointed by the Administrator from the staff of
the Department of Business and Industry. The hearing officer must be a person
who has not investigated or prosecuted the complaint.

2. The time of the hearing may be continued
by the Division or upon motion of the respondent with the approval of the
Administrator or his designated hearing officer.

3. The Division will give the respondent at
least 20 days’ prior notice in writing of the date, time and place of the
hearing, which notice will contain a copy of the complaint, including, but not
limited to:

(a) An exact statement of the charges; and

(b) Copies of all reports, affidavits and
depositions in possession of the Division which may be used in evidence against
the respondent.

4. Notice of the hearing may be served by
personal delivery to the respondent or by certified mail to his last known
business or home address.

5. The respondent shall file an answer
within 30 days after service of the notice. The answer must contain an
admission or denial of each of the averments contained in the complaint and any
defenses upon which the respondent will rely.

6. The answer may be served by personal
delivery to the Division at its office in Las Vegas or Carson City or by mail
to the principal office of the Division.

7. Before the hearing, the Division may
request, and the respondent may produce upon request, documents and other
materials that are under his control. The Division may take depositions and
obtain materials by subpoena.

8. All witnesses at the hearing must be
sworn by the Administrator or his designated hearing officer, and a tape
recording of the proceedings must be made and included as a part of the record
in the case.

1. The Administrator or the hearing officer
shall render a decision within 30 days after the date of the hearing and
immediately give notice in writing of the decision to the respondent.

2. If the decision is adverse to the
respondent, the Administrator or hearing officer shall also state in the notice
of decision the date upon which the decision becomes effective, which will be
not less than 30 days after the date of the notice.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.720Informal meeting. (NRS 645D.120)The
Division will schedule an informal meeting rather than a formal hearing for
matters that may be settled or otherwise do not require a formal hearing, in
accordance with the following procedures:

1. The Division will initiate the procedure
for an informal meeting by giving notice which must include a concise statement
of all the facts necessary to understand the possible violation and a brief
statement of the relief desired by the Division, if appropriate;

2. Informal meetings will be held by the
Administrator or his designee at a time and place prescribed by the
Administrator;

3. The Administrator, his designee or any
other party may require a tape recording to be made of the informal meeting;

4. The initiation of an informal meeting by
the Division is without prejudice to its right to initiate a complaint and
formal proceedings covering the same subject matter; and

5. All matters discussed and all material
presented in an informal meeting may be used in a subsequent formal hearing,
and the Division will inform all parties of that fact at the beginning of the
informal meeting.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98)

NAC 645D.730Petition for reconsideration of action of Division. (NRS 645D.120)

1. Any person aggrieved by an action of the
Division, except the revocation or suspension of a certificate issued pursuant
to this chapter, may petition the Division for reconsideration of its action
within 15 days after its order.

2. The petition must be in writing and state
in detail the grounds on which the petitioner relies.

3. If the petitioner desires to present oral
argument with his petition, oral argument must be requested in writing at the
time the petition is submitted to the Administrator. If oral argument is
requested, the Division will set a time for a hearing to occur not later than
20 days after receipt of the petition. The Division will give at least 15 days’
notice of the hearing.

4. Not later than 15 days after receiving
the petition or hearing of oral argument, the Division will render a decision
in writing to the petitioner.

(Added to NAC by Real Estate Div. by R214-97, eff. 5-11-98;
A by R144-06, 9-18-2007)